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By its resolution, the Federal Arbitration Court of the Moscow Circuit upheld the resolution of the Ninth Arbitration Appeals Court that had revoked the ruling of the Arbitration Court of the City of Moscow concerning the dismissal of a claim filed by the

15.05.2007

The Department of Land Resources of the City of Moscow filed a claim with the arbitration court, calling for an order for LLC “Lora” to free a plot of land with an area of 712 square meters located at the address: Moscow, ul. Bolshaya Dorogomilovskaya, property 6a, that had earlier been leased under a lease agreement, constituting a trade complex built out of light metal components, and belonging to the respondent. The Prefecture of the Central Administrative District of the City of Moscow was involved in the matter as a third party.

Originally, the Arbitration Court of the City of Moscow dismissed the said claim.

The attorneys and lawyers of the Law firm “YUST” represented the interests of the Department of Land Resources of the City of Moscow and also the Prefecture of the Central Administrative District of the City of Moscow at both the appeals and cassational levels.

The Ninth Arbitration Appeals Court acknowledged the justice of the arguments of the claimant’s representatives and the third party, in that the period of the lease under the agreement should be calculated from the date preceding the moment of state registration of the said agreement, insofar as the parties had reached specific consent on this condition, and also extended the conditions of the lease agreement to factual relations that had arisen earlier, prior to the execution of this agreement. Therefore, the arbitration court also acknowledged the justice of the arguments concerning the expiry of the lease to this plot of land under the agreement.

On 14.05.2007, the Federal Arbitration Court of the Moscow Circuit upheld the legality of the conclusions of the arbitration court of the appeals instance.


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